CHAPTER 172 AN ACT to amend the farms and markets law, in relation to the branding of oyster kegs and cans. Became a law March 18, 1925, with the approval of the Governor. Passed. three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 48, amended. Section 1. Section two hundred and twelve of chapter forty- L. 1922, eight of the laws of nineteen hundred and twenty-two, entitled 212 "An act in relation to farms and markets, constituting chapter sixty-nine of the consolidated laws," is hereby amended to read as follows: § 212. Branding oyster kegs and cans. Every person engaged in putting up oysters for sale in kegs or cans, or offering them for sale in kegs or cans, not previously marked or branded, shall mark or brand such kegs or cans with the true quantity of oysters in pints, quarts or gallons, which they may respectively hold, and not more than ten per centum1 of such quantity shall be liquid. § 2. This act shall take effect immediately. CHAPTER 173 AN ACT to amend the military law, in relation to the disposition of funds received from the United States for military or naval property belonging to the state taken over or used by the United States. Became a law March 18, 1925, with the approval of the Governor. Passed. three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 41, amended. Section 1. Subdivision eight of section seventeen of chapter forty- L. 1909, one of the laws of nineteen hundred and nine, entitled "An act in 17, relation to the militia, constituting chapter thirty-six of the con- subd. 8 solidated laws," as such section was thus renumbered by chapter six hundred and forty-four of the laws of nineteen hundred and seventeen, and last amended by chapter one hundred and fourteen of the laws of nineteen hundred and twenty-four,2 is hereby amended to read as follows: general may sell naval 8. The adjutant-general of the state upon the approval of the Adjutantgovernor may sell to officers of the active militia for their official use and to the organizations or units of the active militia any mili- military or tary or naval property which is an article of issue by the state at property its cost price. Such sale shall be for cash or if to an organization or unit the price may be charged to and deducted from its allow- izations. ances or military fund. The adjutant-general shall render a just and true monthly account of the sales made by him to the governor 66 66 1 Words ten per centum substituted for words one quarter." 2 Previously amended by L. 1921, ch. 588. to officers and organ L. 1909, and shall expend the proceeds of the same in the purchase of other military or naval property as the governor may direct. He shall expend in like manner all moneys received from the United States for military or naval property belonging to the state taken over or used by the United States. § 2. This act shall take effect immediately. CHAPTER 174 AN ACT to amend the military law, in relation to retired officers. Became a law March 18, 1925, with the approval of the Governor. Passed. three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section two hundred and nineteen-a of chapter fortyone of the laws of nineteen hundred and nine, entitled "An act in relation to the militia, constituting chapter thirty-six of the consolidated laws," as added by chapter six hundred and nine of the laws of nineteen hundred and sixteen and as last amended by chapter one hundred and fourteen of the laws of nineteen hundred and twenty-four, is hereby amended to read as follows: § 219-a. Retired officers; compensation. An officer of the national guard or naval militia who has been a commissioned officer thereof in active service for at least twenty years, and who has during fifteen consecutive years of such active service immediately preceding his retirement, or if he has had actual combat experience in time of war while in the army, navy or marine corps of the United States, or if he has served in the national guard or naval militia in active service for at least ten years as an enlisted man and at least thirty years as a commissioned officer, then during ten consecutive years of such active service immediately preceding his retirement, received an annual compensation from the state for performing military or naval duty and who has been dependent on such compensation for his support shall receive annually from the date of his retirement on reaching the age of sixty-four years or upon his own application, or for physical disability and during the time he remains on the retired list seventy-five per centum of the annual compensation paid to him as aforesaid, at the date of his retirement. Time spent in the military or naval service of the United States while a state employee shall be counted in computing the time that an officer has received an annual compensation from the state and in computing the period of active service hereunder notwithstanding the fact that such officer may not have received compensation from the state or may not have been an officer of the national guard or naval militia during such period. If an 3 Following sentence new. 1 Previously amended by L. 1917, ch. 635; L. 1923, ch. 462. 66 2 Words or if he has served in the national guard or naval militia in active service for at least ten years as an enlisted man and at least thirty years as a commissioned officer," new. officer entitled under this section to be retired and to receive a percentum of his annual compensation dies or within six months. prior to the date this act takes effect has died while mustered into the United States service and on duty under a call of the president his widow shall receive from the state annually during her life one-half of the amount which her husband would have received if he had been retired hereunder at the time of his death. And a retired officer of the national guard or naval militia who served actively as a commissioned officer for twenty-five years and who has been employed by the state under compensation for at least fifteen years and who has been dependent on such compensation for his support and who shall have lost both legs, both arms, or the eyesight of both eyes during the period of such state employment shall be retired therefrom and thereafter during his life there shall be paid to him in the same manner and by the same agency and from the same source that the salary or wages of his former position were customarily paid, the sum of one hundred dollars per month. § 2. This act shall take effect immediately. CHAPTER 175 AN ACT to amend the state charities law, in relation to admission of dependent daughters of veterans to the New York State Woman's Relief Corps Home. Became a law March 18, 1925, with the approval of the Governor. Passed. three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 57, amended. Section 1. Section two hundred and fifty-five1 of chapter fifty- L. 1909, seven of the laws of nineteen hundred and nine, entitled "An act § 255 relating to state charities, constituting chapter fifty-five of the consolidated laws," as renumbered by chapter two hundred and fiftyeight of the laws of nineteen hundred and nine, and last amended by chapter four hundred and thirty-eight of the laws of nineteen hundred and twenty-four, is hereby amended to read as follows: § 255. Admission to home. Every honorably discharged soldier or sailor or marine who served in the army or navy of the United States, for a period not less than thirty days, during the war of the rebellion or the Spanish-American war or during the incidental insurrection in the Philippines prior to July fourth, nineteen hundred and two, who enlisted from the state of New York or who shall have been a resident of this state for one year next preceding the application for admission, and the wife, widow, mother and dependent daughter' of any such honorably discharged soldier or 1 Former § 326 amended by L. 1909, ch. 240; renumbered § 256 by L. 1909, ch. 258; amended by L. 1910, ch. 133; renumbered § 255 by L. 1910, ch. 449; amended by L. 1911, ch. 601; L. 1912, ch. 310; L. 1923, ch. 60. sailor or marine, and army nurses who served in said army or navy and whose residence was at the time of the commencement of such service, or whose residence shall have been for one year next preceding his or her application for admission to said home within the state of New York, and who shall need the aid or benefit of said home in consequence of physical disability or other cause within the scope of the regulations of the board, shall be entitled to admission to said home after the approval of the application by the board of managers and subject to the conditions, limitations and penalties prescribed by the rules and regulations adopted by said board. Provided, however, said soldier or sailor or marine shall be a married man and shall be accompanied or attended by his wife during the time he may be an inmate of said home, and in case of the death of his wife, while an inmate of said home, the veteran may remain an inmate of said home with the consent of the superintendent, approved by the board of managers, but no wife or widow of a soldier or sailor or marine shall be admitted as an inmate of said home unless due and sufficient proof is presented of her marriage to such soldier or sailor or marine at least ten years prior to the date of such application and no daughter of a soldier or sailor or marine shall be admitted as an inmate of said home unless due and sufficient proof is presented of her dependency. Provided, also, that preference of admission be given to veterans of the civil war, their wives and widows, in case of lack of accommodations. The board of managers shall require an applicant for admission to such home to file with the application for admission his own affidavit of residence and, in addition thereto, the affidavit of at least two householders in and residents of the county of which he claims at the time of such application to be a resident; and such affidavits shall, on presentation, be accepted and received as sufficient proof, unless contradicted, of the residence of such application in any actions or proceedings against such county in which such residence of such applicant is material. If, after having been an inmate of such home and honorably discharged therefrom, an honorably discharged soldier, sailor or marine, or the wife," widow or dependent daughter of an honorably discharged soldier, sailor or marine or an army nurse, shall reassume his or her former residence in any county, or shall acquire a new residence in any other county, and shall become entitled to relief as provided by article six of the poor law, the poor authorities within whose jurisdiction such honorably discharged soldier, sailor or marine, or the wife or widow of an honorably discharged soldier, sailor or marine, or an army nurse, resides, may, instead of providing relief as required by the poor law, return him or her to such home, to be maintained therein. § 2. This act shall take effect immediately. 4 Remainder of sentence new. CHAPTER 176 AN ACT to amend the conservation law, in relation to the open season for taking squirrels in Schoharie county. Became a law March 18, 1925, with the approval of the Governor. Passed. three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 647, subd. 1 Section 1. Subdivision one of section one hundred and ninety. . 1911, five of chapter six hundred and forty-seven of the laws of nineteen $ 195, hundred and eleven, entitled "An act relating to conservation of amended. land, forests, waters, parks, hydraulic power, fish and game, constituting chapter sixty-five of the consolidated laws,' as added by chapter three hundred and eighteen of the laws of nineteen hundred and twelve and last amended by chapter one hundred and twenty-six of the laws of nineteen hundred and twenty-four,1 is hereby amended to read as follows: 1. Open season. Black, gray, and fox squirrels may be taken and possessed from October fifteenth to November fifteenth, both inclusive, except on Long Island, where they may be taken and possessed from November first to December thirty-first, both inclusive. No person shall take black, gray or fox squirrels within the corporate limits of any city or village except under a permit issued by the commission. In the counties of Niagara and Orleans there shall be no open season for the taking of black, gray and fox I squirrels. In the county of Rockland there shall be no open season for the taking of black, gray and fox squirrels prior to October fifteenth, nineteen hundred and twenty-five. In the county of Erie there shall be no open season for the taking of black and gray squirrels between October fifteenth, nineteen hundred and twentyI three, and October fourteenth, nineteen hundred and twenty-six, both inclusive. Black, gray, and fox squirrels taken during the open seasons fixed therefor may be possessed for an additional period of five days next succeeding the open seasons. § 2. This act shall take effect immediately. 1 Previously amended by L. 1913, ch. 508; L. 1920, ch. 70; L. 1921, ch. 212; L. 1922, ch. 120; L. 1923, chs. 37, 251, 373. 2 Words "and in Schoharie county, where they may be taken and possessed from October first to November first, both inclusive," omitted. |